Telangana State Commission dismisses appeal against TSRTC

Brief facts of the case

The complainant, a lawyer, booked a bus ticket online with TSRTC to travel from Dilsukhnagar to Khammam. The bus, which was supposed to leave at 5:30 am, was delayed and arrived at 6:00 am. It arrived in Khammam at 10:35 am instead of 8:45 am. Due to this delay, the author could not filed his case before the Khammam District Court, which was dismissed. He stated that the 1 hour and 50 minute delay caused him mental stress and anxiety. The complainant then filed a case against TSRTC for poor service, but the District Commission dismissed the complaint. Dissatisfied with the decision, the plaintiff appealed to the State Commission.

TSRTC Arguments

TSRTC argued that the complaint was invalid, neither in fact nor in law, and the complainant had to prove all her claims, except those that were admitted. Due to traffic congestion in Malakpet Metro, the bus was delayed and reached Khammam at 9:30 am, not 10:35 am as claimed. TSRTC denied the complainant’s allegation of rude behavior on the part of the driver and explained that the delay was due to traffic, which was beyond its control. They maintained that the complainant did not suffer any harm and requested that the complaint be dismissed with costs.

Observations of the State Commission

The State Commission observed that according to TSRTC, the bus reached Dilsuknagar at 6:00 am, causing a delay of 30 minutes, and reached Khammam at 9:30 am instead of 8:45 am. example B1, a letter from the depot manager, confirmed that the bus reached Khammam at 9:30 am TSRTC terms and conditions (Ex.B2) clarified that delays due to Factors such as traffic jams were beyond their control. The Commission highlighted TSRTC’s contention that the delay in Dilsuknagar was due to congestion in the Malakpet Metro, which affected the overall schedule. Therefore, the commission observed that the complainant did not suffer any injury or damage. Since there was no damage, the law of damages does not allow compensation. Based on these facts, the Commission dismissed the appeal.

Case title: Mrs MD Faheema Vs. The CEO of Telangana State Road Transport Corporation

Case number: FA No. 77/2020